In a final order passed by Chairperson Manoj Saunik, MahaRERA has directed Swayam Developers and associated respondents to refund amounts with interest, hand over possession with Occupancy Certificate (OC), and not create third-party rights over flats that have been partially paid for.

The project, registered under P51700013349, was originally scheduled for completion on December 31, 2018, with an extended deadline of December 30, 2022. However, the developer failed to obtain the OC and did not apply for further extension, rendering the project lapsed under RERA norms.

Complaint-Wise Outcomes:

• Dilip Bafna, who had paid ₹14 lakh for Flat 204, was granted a refund with interest from January 1, 2019, as he chose to withdraw from the project. MahaRERA also allowed him to separately approach the Adjudicating Officer for compensation.
• Ramesh Maurya, whose flat was allegedly leased out by the builder without consent, had his complaint dismissed on procedural grounds. His earlier 2018 case regarding delayed possession had already been settled via consent terms.
• Natwar Parmar, who had paid over 60% of the flat’s cost, was granted possession of Flat No. 101, along with instructions to the builder to execute the agreement for sale and not create third-party interests.

Promoter Absent, Regulatory Breaches Noted

MahaRERA observed that the promoter had remained absent for three consecutive hearings, failed to update project status on the portal since 2019, and accepted over 10% payment from buyers without executing sale agreements — a direct violation of Section 13 of the RERA Act.

The Authority has also denied the promoter the benefit of the COVID-19-related moratorium period, citing clear inaction and non-compliance.

The order directs the promoter to:

• Refund amounts with applicable interest within 60 days
• Apply for project extension within 30 days
• Update project status and submit quarterly progress reports, failing which penalties under Section 63 will apply

Legal Significance

This case reiterates MahaRERA’s approach toward buyer-centric enforcement, especially in projects where developers have failed to obtain OC or execute agreements despite receiving substantial payments. It also underscores the risks of non-compliance with mandatory RERA obligations — including promoter absence during proceedings.

Also Read: MahaRERA Redefines Criteria for SROs to Benefit Developers Outside MMR

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